OFFICIAL RECORDS

 

Prepared by and return to:

Clifford B. Newton

Newton, Sheffield & Hurst

10192 San Jose Boulevard

Jacksonville, Florida 32257

 

DECLARATION OF

 

COVENANTS, CONDITIONS AND RESTRICTIONS

FOR COPPER HILL UNIT FOUR

 

THIS DECLARATION is made on the date hereinafter set forth by

COPPER HILL, INC., a Florida corporation, hereinafter referred to

as “Declarant”.

 

W I T N E S S E T H:

 

WHEREAS, Declarant is the owner of all those certain proper-

ties in Duval county, Florida, being more particularly described

 

as:

Copper Hill Unit Four, according to the plat thereof

recorded in Plat Book 46 , pages 48, 48A, 48B & 48C of

the current public records of Duval County, Florida.

NOW, THEREFORE, Declarant hereby declares that all of the

properties described Above shall be held, sold, and conveyed

subject to the following easements, restrictions, covenants ,

agreements and conditions, which are for the purpose of protecting

the value and desirability of, and which shall run with, the real

property and be binding on all parties having any right, title or

interest in the described properties or any part thereof, their

heirs, successors, and assigns, and shall inure to the benefit of

each owner thereof. Any person accepting a deed to any portion of

 

the property shall be deemed to have agreed to all of t he ease-

ments, restrictions, covenants and agreements as set forth herein.

 

ARTICLE I - DEFINITIONS

 

1. "Association" shall mean and refer to t he Copper Hill Four

Homeowners Association, Inc., a Florida corporation not for profit,

its successors and assigns.

2. "Owner" shall mean and refer to he record owner, whether

one or more persons or entities, of a fee simple title to any lot

which is a part of the properties, including contract sellers, but

excluding those having such interest merely as security for the

 

performance of an obligation.

 

3. "Properties" shall mean and refer to t hat certain real

property hereinabove described and such additions thereto as may

hereafter be brought within the jurisdiction of the Association.

4. "Common Areas" shall mean all real property (including

the improvements thereto), if any, owned by the Association for

the common use and enjoyment of the owners. The Declarant may

hereafter convey portions of the properties to the Association to

constitute additional Common Areas but shall have no obligation to

do so.

5. "Lot" shall mean and refer t o the building plots of land

shown upon the recorded subdivision plat of the properties describe -

ed above.

6. "Declarant" shall mean and refer to copper Hill, Inc., and

any person or entity to whom Declarant shall assign its rights and

duties under this agreement.

7. "Lakes" shall mean all areas established for storage or

treatment of storm water or surface water even though title to any

such area shall be held by an individual lot owner.

8. "Builder" shall mean and refer to any individual or entity

duly licensed and qualified in the State of Florida for the

construction of residential dwellings who purchases a lot or lots

in the subdivision for the sole purpose of constructing a residential

dwelling for sale to an Owner.

 

ARTICLE II - PROPERTY RIGHTS

 

1. Owner’s Easements of Enjoyment. Every owner and the

Association shall have a right and easement of enjoyment in and to

any Common Area which shall be appurtenant to and shall pass with

the title to every lot, subject to the following provisions:

a) the right of the Association to charge reasonable

admission and other fees for the use of any recreational facility

hereafter situated upon any Common Area:

 

b) the right of the Association to suspend the voting

 

rights and right to use of any recreational facilities, if any, as

 

to any owner for any period during which any assessment against

such owner's lot remains unpaid and for a period not to exceed 60

days for any infraction of the Association's published rules and regulations;

c) the right of the Association to dedicate or transfer

all or any part of the Common Area to any public agency, authority,

or utility for such purposes and subject to such conditions as may

be agreed to by its members. No such dedication or transfer shall be

effective unless an instrument agreeing to such dedication or

transfer is signed by two-thirds of all votes eligible to be cast

by both member classes of the Association.

2. Delegation of use. Any owner may delegate, in accordance

with the by-laws, such owner's right of enjoyment to the Common

Area and facilities to the members of such owner's family, tenants,

or contract purchasers who reside on the property.

 

ARTICLE III – MEMBERSHIP AND VOTING RIGHTS

1. Assessment. Every owner of a lot which is subject to

assessment shall be a member of the Association. Membership shall

be appurtenant to and may not be separated from ownership of any

lot which is subject to assessment.

2. Membership. The Association shall have two classes of

voting membership: CLASS A - Class A members shall be all owners

and shall be entitled to one vote for each lot owned. When more

than one person holds an interest in any lot, all such persons

shall be members. The vote for such lot shall be exercised as they

determine, but in no event shall more than one vote be cast with

respect to any lot.

CLASS B - The Class B member shall be the Declarant and shall

be entitled to twelve (12) votes for each lot owned. The Class B

membership shall cease and be converted to Class A membership on

the happening of either of the following events, whichever occurs

earlier:

a) when the total votes outstanding in the Class A membership

equal the total votes outstanding in the Class B membership, or

 

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b) on December 31, 1994, or

 

c) when Declarant requests that Class B membership be con-

verted to Class A membership.

 

ARTICLE IV - COVENANT FOR MAINTENANCE ASSESSMENTS

 

1. Creation of the Lien and Personal Obligation for Assess-

ments. The Declarant, for each lot owned within the Properties ,

 

therefor , whether or not it hall be so expressed in Such deed, is

deemed to covenant , and agree to pay to the Association: 1) annual

assessments or charges, and (2) special assessments for capital

improvements or maintenance, such assessments to be established and

 

collected as hereinafter provided. The Annual and special assess-

ments, together with interest, costs and reasonable attorney’s

 

fees, shall be charged on the land and shall be a continuing lien

upon the lot against which each such assessment is made. Each such

assessment, together with interest, costs and reasonable attorney’s

fees, shall also be the personal obligation of the person who was

the owner of such property at the time when the assessment fell

due, The personal obligation for delinquent assessments shall not

pass to such owner’s successors in title unless expressly assumed

by them, but the lien shall survive any conveyance of title.

2. Purpose of Assessments. The assessments levied by the

Association shall be used exclusively to promote the recreation,

health, safety and welfare of the residents in the Properties and

for the improvement and maintenance of the common areas, islands

in roadways, and the storm and/or surface water management system.

Said maintenance, in addition to the foregoing, shall include the continual

maintenance and cleaning of the storm and/or surface

water management system required by the St. Johns River Water

Management District pursuant to permit number 40-031-0251 and other

applicable rules and regulations. The continual maintenance and

cleaning provided for in this paragraph shall be solely the

responsibility of the Association.

3. Maximum Annual Assessment. Until January 1 of the year

 

immediately following the conveyance of the first lot to an owner,

the maximum assessment shall be $48.00 per year per lot.

a) From and after January 1 of the year immediately

assessment may be increased each year but not more than 5% above

the maximum assessment for the previous year without a vote of the

membership.

b) From and after January 1 of the year immediately

following the conveyance of the first lot to an owner, the maximum

assessment may be increased more than 5% by a vote of two - thirds

of the members who are voting in person or by proxy, at a meeting

duly called for such purpose

c) The Board of Directors shall fix the assessment

annually at amounts not in excess of the maximum.

4. Special Assessments for capital Improvements. In addition

to the annual assessments authorized above, the Association may

levy, in any assessment year, a special assessment applicable to

that year only for the purpose of defraying, in whole or in part,

the cost of any construction, re - construction, repair or replacement

of a capital improvement upon any common area, including fixtures

and personal property related thereto; provided that any such special

assessment shall have the assent of two - thirds of the votes of each

class of members who are voting in person or by proxy at a meeting

duly called for such purpose.

5. Notice and Quorum for any Action Authorized Under Sections

3 and 4. Written notice of any meeting called for the purpose of

taking any action authorized under Section 3 or 4 shall be sent to

all members not less than 30 days nor more than 60 days in advance

of the meeting. At the first such meeting called, the presence of

members or of proxies entitled to cast 60% of all the votes of each

class of membership shall constitute a quorum. If the required quorum

is not present, another meeting may be called subject to the same notice

requirement, and the required quorum at the subsequent meeting shall be

one-half of the required quorum at the preceding

 

meeting. No such subsequent meeting shall be held more than 60

days following the preceding meeting.

6. Uniform Rate of Assessment. Both annual and special

assessments must be fixed at a uniform rate for all lots and may

be collected on a quarterly basis.

7. Date of Commencement of Annual Assessments. Due Dates:

The annual assessments provided for herein shall commence as to all

lots on the date of the recording of this Declaration in the public

records of Duval County, Florida. No lot owned by the Declarant

shall be subject to any assessment until a residence has been

constructed thereon and occupied. The first annual assessment

shall be adjusted according to the number of months remaining in

the calendar year. The Board of Directors shall fix the amount of

the annual assessment against each lot at least 30 days in advance

of each annual assessment period. Written notice of the annual

assessment shall be sent to every owner subject thereto. The due

dates shall be established by the Board of Directors. The Associa -

tion shall, upon demand, and for a reasonable charge, furnish a

certificate signed by an officer of the Association setting forth

whether or not the assessments on a specified lot have been paid.

A properly executed certificate of the Association as to the status

of assessments on a lot is binding upon the Association as of the

date of its issuance.

8. Effect of Nonpayment of Assessments: Remedies of the

Association. Any assessment not paid within 30 days after the due date

shall bear interest from the due date at the rate of 10% per annum,

The Association may bring an action at law against the owner personally

obligated to pay the same, or foreclose the lien against the property

involved, or both. No owner may waive or otherwise escape liability for

the assessments provided for herein by non – use of the

common area or abandonment of such owner’s lot.

 

shall not affect the assessment lien. However, the sale or

transfer of any lot pursuant to mortgage foreclosure or any

proceeding in lieu thereof, shall extinguish the lien of such

assessment as to payments which became due prior to such sale or

transfer. No sale or transfer shall relieve such lot from liability

for any assessments thereafter becoming due or from the lien

thereof.

 

ARTICLE V - LAND USE AND BUILDING TYPE

 

1. Land Use and Building Type . No one other than Declarant

 

shall use any lot except for residential purposes. Unless other-

wise specifically allowed or permitted under these covenants, no

 

structure shall be erected, altered, placed, or permitted to remain

on any lot other than one detached single-family dwelling not to

exceed two stories in height. No outbuilding or other structure

at any time situate on said land shall be used a hospital,

 

sanitarium, church, charitable, religious or philanthropic institu-

tion, or for business or manufacturing purposes, and no duplex

 

residence, garage apartment or apartment house shall be erected or

placed on or allowed to occupy said land.

2. Declarant's Right to Resubdivide, Replat or Assign.

Declarant shall have the right to resubdivide or replat any of the

 

said land owned by it. In the event any of said land is resub-

divided or replatted for rights – of - way for roads, streets or

 

easements, none of the restrictions contained herein shall apply

to the portions thereof used for such purposes. Declarant shall

have the right to assign to any person or corporation its rights

and duties under these covenants.

3. Storm/Surface Water Manaaement. The St. Johns River Water

Management District has jurisdiction over this subdivision and has

issued stormwater Discharge Permit No. 40-031-02151 authorizing

 

construction and operation of a storm and/or surface water manage-

ment system to serve the subdivision. No alteration to any part

 

of the aforementioned system, including but not limited to, lakes

swales and pipes, will be allowed without the written consent of

 

OFFICIAL RECORDS

 

Declarant. All clearing, grading and other construction activities

comply with the terms and conditions of the said permit.

Specifically, the owners of lots requiring rear lot water treatment

are required to install rear lot water treatment at the time of

house construction in accordance with the terms and conditions of

the said permit and said owners or their heirs, successors or

assigns shall be responsible for the continuing compliance with

said permit. In the event that any owner fails to comply with the

terms of the permit, the Association shall have the right to enter

upon the premises to bring any lot into compliance and levy a

result thereof.

4. Sidewalks. When a dwelling is constructed on any lot, or

within twenty – four months from the initial purchase of any lot, the

lot owner must also construct a sidewalk on that lot if a sidewalk

is shown on the City approved engineering plan for the subdivision.

All sidewalks must conform to city standards.

5. Garage. Each home shall have an attached two car garage.

No garage shall be permanently enclosed or converted to another

use. All garages shall contain at least 400 square feet of usable

space appropriate for parking automobiles. All garages must have

doors which shall be maintained in a useful condition and shall be

kept closed when not in use. Carports will not be permitted.

6. Outbuildings. No outbuilding shall be erected, placed or

altered on any lot without the prior approval of the Architectural

Control Committee.

7. Approval of Structure. No residence, structure, wall or

swimming pool shall be erected, placed or altered on any lot until

the construction plans and specifications and a plan showing the

location of the structure have been approved by the Architectural

Control Committee as to quality of workmanship and materials,

harmony of external design with existing structures, and as to

location of improvements with respect to topography and finished

grade elevation. No exposed block or built up roof will be

 

OFFICIAL RECORDS

 

permitted in the construction of any dwelling. Approval shall be

as provided in paragraph 24 below. No outbuildings or drives,

 

walks, fences, walls or swimming pools shall be erected or con-

structed on any lot prior to the erection or construction of a

 

permanent residence thereon. No fence, wall, bulkhead or structure

of any kind will be permitted below the top or the slope of

the Lake bank as shown on the final survey on waterfront lots without

the prior approval of the Architectural Control Committee. Said

approval shall be in writing and shall specify the exact nature,

size, location and appearance of any such exception. The decision

to grant such exception is discretionary with the Architectural Control

Committee and shall be capable of being withdrawn should

the terms and conditions set forth by the Architectural contro1

Committee not be complied with by the lot owner to whom such

exception is granted. The decision to grant such exception is

discretionary with the Architectural Control committee and the

decision to not grant such an exception shall not be subject to

judicial review. Docks shall not be permitted.

8. Dwelling size. Unless specifically approved in writing

by the Architectural Control Committee, no dwelling shall be

permitted on any lot unless the ground floor area of the main

structure, exclusive of one – story open porches and garages, shall

contain at least 1200 square feet for a one – story dwelling and at

least 750 square feet for the ground floor of a dwelling of more

than one story, with at least 1200 square feet for both stories

combined.

9. Building Location . No building shall be located on any lot

nearer than 25 feet to the front line or nearer than 15 feet

to any side street line. No building shall be located nearer than

7.5 feet to an interior lot line. No dwelling shall be located on

any lot nearer than 10 feet to the rear lot line, or nearer to the

rear lot line than the rear building restriction line. No dwelling

shall be located closer than 15 feet from any existing dwelling.

The Architectural Control Committee shall be empowered to issue a

 

OFFICIAL RECORDS

 

variance in regard to the above measurements as it may deem

prudent.

10. Lot Area. No dwelling shall be erected or placed on any

lot having an area or less than 6,000 square feet.

11. Nuisance. No noxious or offensive activity shall be

carried on upon any lot, nor shall anything be done thereon which

may be or may become an annoyance or nuisance to the neighborhood.

12. Recreational and Commercial Vehicles. No commercial

vehicles, boats or trailers of any type shall be permitted to be

placed on any lot subject to these covenants, unless such shall be

placed or parked in a fenced side yard or fenced rear yard of a

lot, but not placed in the side yard of a corner lot on the side

abutting a street. No wheeled vehicles of any kind or any other

offensive objects may be kept or parked in a state of disrepair

between the paved road and residential structures. No automobiles,

 

trailers, or boats shall be parked in the roadways or on the right-

of-way adjoining the lots. For purposes of this paragraph, a

 

vehicle which is a 3⁄4 ton or less truck used as transportation to

and from the lot owners employment shall not be considered a

commercial vehicle. No travel trailers or motorized homes shall

be permitted.

13. Temporary Structures. No structure of a temporary

character, trailer, tent, motorized home, shack, garage, barn or

other outbuilding shall be used on any lot at any time as a

residence either temporarily or permanently.

14. No Subdivision. No lot located within the property shall

be subdivided to constitute more than one building plot.

15. Mailboxes. Declarant shall provide locations and

construct cluster mailbox receptacles, as approved by the United

States Postal Service. No individual lot owner shall cause to be

constructed any mailbox facility other than those provided by the

Declarant.

16. Fences. All fences shall be constructed of natural wood

unless otherwise approved by the Architectural Control Committee.

 

OFFICIAL RECORDS

 

No fence shall be installed which restricts or prohibits ingress

and egress as granted by easements herein. No fence or wall shall

be erected, placed or altered on any lot nearer to any street than

the rear of the house or the side of the house in tile case of a

corner lot unless approved by the Architectural Control Committee

and in no event shall any fence exceed a maximum height of six (6)

feet or be lower than a minimum height of five (5) feet unless

approved by such committee. All fences shall be constructed and

maintained to present a pleasing appearance as to quality of

workmanship and materials, harmony of external design with existing

structures and as to location with respect to topography and

 

finished grade elevation. It shall respect be within the sole and ex-

clusive preview of the Architectural Control Committee to make the

 

determination as to whether or not a fence is pleasing in appear-

ance as provided herein. Picket fences' will not be permitted.

 

Declarant reserves the right to release areas such as sewer lift

stations, playgrounds, etc., from the above fence restrictions

17. Signs. No sign of any kind shall be displayed to the

public view on any lot without the prior written approval of the

Architectural Control Committee except one sign of not more than

two square feet advertising the property for sale, or after one

(1) year from the closing date on the Lot, one sign of not more

than two (2) square feet advertising the property for rent, or

signs used by a builder to advertise the property during the construction

and sales period. The entranceway identification sign shall be exempt from

this provision enjoyment of the owners of all Lots. The Architectural

control committee shall have the right to promulgate standards for the

quality, size, appearance, location and type of all signs to be displayed to

to public view.

18. Clotheslines. There shall not be permitted any exterior clotheslines

on any lots.

19. Oil and Mining Operations. No oil drilling, oil development

operations, oil refining, quarrying or mining operations of

 

OFFICIAL RECORDS

 

any kind shall be permitted upon or in any lot, nor shall oil

wells, tanks, tunnels, mineral excavation or shafts be permitted

upon or in any lot. No derrick or other structure designed for use

in boring for oil or natural gas shall be erected, maintained or

permitted upon any lot.

20. Livestock and Poultry. No animals, livestock or poultry

of any kind shall be raised, bred or kept on any lot, except that

dogs, cats or other household pets may be kept provided they are

not kept, bred or maintained for any commercial use.

21. Garbage and Refuse Disposal. No lot shall be used or

maintained as a dumping ground for rubbish, trash, garbage or other

waste. Rubbish, trash, garbage or other waste shall be kept in

closed sanitary containers constructed of metal or rigid plastic.

All equipment for the storage or disposal of such material shall

be kept in a clean and sanitary condition and shall not be visible

from the street except on scheduled garbage pick up days.

22. Motorists Vision to Remain Unobstructed. The Declarant

shall have the right, but not the obligation, to remove or require

the removal of any fence, wall hedge, shrub, bush, tree or other

thing, natural or artificial, the vision of motorists upon any of the

streets.

23. Landscaping. The mass indiscriminate cutting down of

trees is expressly prohibited without the written consent of the

Architectural Control Committee, EXCEPT those areas were buildings

and other improvements shall be located; i.e. homes, patios,

driveways, gardens, parking and recreational areas etc. Also,

selective cutting and thinning for lawns and other general improvements

shall be permitted. All disturbed areas on any lot must be

seeded or covered with sod or mulch and maintained to present a

pleasing appearance and to prevent the growth of weeds. It is the

responsibility of each lot owner whose lot abuts a lake to maintain

the lake bank to the waters edge. It is the responsibility of

 

OFFICIAL RECORDS

 

each lot owner to sod and maintain the area between the front

property line of is lot and the street, as well as the side

property line and the street in the case of corner lots, it is the

responsibility of each lot owner to prevent erosion on all areas

of his lot, including easement, by sodding, seeding and mulching,

or other methods which may be deemed appropriate.

24. Architectural Control Committee.

a) Membership. The Architectural Control Committee

Shall be composed of three (3) persons appointed by Declarant. A

majority of the committee may designate a representative to act

for it. In the event of the death or resignation of any member of

the committee, the remaining members shall have full authority to

designate a successor. Neither the members of the committee not

its designated representative shall be entitled to any compensation

for services performed pursuant to this covenant. So long as

Declarant owns any lots in the subdivision, Declarant shall have

the right to appoint the members of such committee. At any time

after Declarant has sold all lots or has waived, in writing, its

right to appoint such committee members, the then record owners of

a majority of the lots shall have the power and right through a

duly recorded written instrument to elect the members of the

committee, to change the membership of the committee or to withdraw

from the committee or restore to it any of its powers and duties.

Such rights may be assigned to the Copper Hill Four Homeowners

Association, Inc.

 

b) Procedure. The committee’s approval or disapproval

as required in these covenants shall be in writing. In the event

the committee, or its designated representative, fails to approve

or disapprove within thirty (30) days after the plans and specifications

have been submitted to it, approval will not be required and

the related covenants shall be deemed to have been fully complied

with.

 

25. Utility Lines. All water, sewer, electrical, telephone,

television, gas and other utility lines shall be placed underground.

 

No antennas or satellite dishes of any kind shall be placed on

any lot.

26. Air Conditioning Units. No air conditioning units may

be installed in any window if such unit shall be visible from any public

street.

27. Roadways. No one, other than Declarant, shall use any

lot or any portion thereof for roadway purposes and no one, other

than Declarant, shall construct a driveway upon any lot except to

serve the lot upon which it is constructed. Unless approved in

writing by the Architectural Control Committee, only one driveway

per lot, said driveway serving the garage on the lot, shall be

permitted.

28. Utility Provisions. The City of Jacksonville or its

successors has the sole and exclusive right to provide all water

and sewage facilities and service to the property described herein.

No well of any kind shall be dug or drilled on any one of the lots

or tracts to provide water for use within the structures to be

built. Nothing herein shall be construed as preventing the digging

of a well to be used exclusively for use in the yard and garden of

any lot or tract or to be used exclusively for air conditioning.

All sewage from any building must be disposed of through its sewage

lines and through the sewage lines and disposal plant owned or controlled

by the city of Jacksonville or its successors or assigns. No water

from air conditioning systems, ice machines, swimming pools,

or any other form of condensate water shall be disposed of

through the lines of the sewer system. The City of Jacksonville

has a non-exclusive perpetual and unobstructed easement and right

in and to, over and under property as described in this Declaration

and the plat of the property for the purpose of ingress, egress and

installation and/or repair of water and sewage facilities.

 

29. Drainage and Utility Easements. The Declarant hereby

reserves unto itself a perpetual alienable and releasable privilege

and right on, and under the ground to construct, maintain and use

electric, telephone, wires, cables, conduits, sewer, water mains

 

or pipes, drainage swales or pipes, and other suitable equipment

for the conveyance and use of electricity, telephone, water or

other public conveniences or utilities on, in or over a 7.5 foot

strip at the back and side of each lot. The said Declarant shall

have the unrestricted right and power to release said easement.

30. Enforcement. Any person owning any portion of the above

described lands or the St. Johns River Water Management District,

its successors or assigns, may institute proceedings at law or in

equity against any person or persons violating or attempting to

violate any covenants or, in the case of the St. Johns River Water

Management District, those covenants that pertain to requirements

of the aforementioned permit, either to restrain any existing or

threatened violation or to recover damages.

31. Severability. Invalidation of any one of these covenants

by judgment or court order shall in no wise affect any of the other

provisions hereof which shall remain in full force and effect.

32. Indemnification. The owner or owners of all lots

abutting the lakes within the Property shall, by virtue of having

acquired said lots subject to these covenants and restrictions, be

deemed to have assumed all of the obligations and responsibilities

of Declarant, as set forth in the plat of Copper Hill Unit Four as

follows:

Copper Hill Unit Four, according to the plat thereof

recorded in Plat Book 46, pages 48, 48A, 48B, 48C , of

the current public records of Duval County, Florida.

Hereinafter referred to as the “Plat”, and have agreed to indemnify

Declarant and save Declarant harmless from suits, actions, damages

and liability and expense in connection with loss of life, bodily

or personal injury, or property damage, or any other damage arising

from or out of any occurrence in, upon or at or from the lakes as

shown on the Plat, or any part thereof, or occasioned wholly or in

part by any act or omission of owners, owners’ agents, contractors,

employees, servants, licensees, or concessionaires with the

property.

33. Reservation for subdivision Improvements. Developer

 

reserves the right to enter any lot for the purpose of completing

or correcting subdivision improvements as required by agencies of

the City, County, State or Federal government.

34. Amendment. The covenants and restrictions of this

Declaration shall run with and bind the land for a term of Thirty

(30) years from the date this Declaration is recorded, after which

time they shall be automatically extended for successive periods

of ten (10) years. The Declarant reserves and shall have the sole

right to: a) amend these covenants and restrictions so long as the

Declarant owns at least ten (10) lots within the subdivision: b)

to amend these covenants and restrictions at any time if, in the

discretion of the Developer, such amendment is necessary to comply

with the aforementioned St. Johns River Water Management District

permit; and c) to release any building plat from any part of the

covenants and restrictions which have been violated (including,

without limiting the foregoing, violations of building restriction

lines and provisions hereof relating thereto) if Declarant, in its

sole opinion, deems such violations to be insubstantial violations

 

or if Declarant, in its sole opinion, deem such violations neces-

sary for construction and/or sales. Subject to the above rights

 

reserved by the Declarant, this Declaration may be amended by an

instrument signed by not less than 66% of the lot owners, EXCEPT

that the covenants herein contained pertaining to the required

maintaining of an owners association and the required maintenance

of the items required to be maintained by the St. Johns River Water

Management District may not be amended without the approval of the

St. Johns River Water Management District.

35. Legal Action on Violation. If any person, firm or

corporation, or other entity shall violate or attempt to violate

any of these covenants and restrictions, it shall be lawful for

the Declarant or any person or persons owning any lot on said land

(a) to proceed at law for the recovery of damages against those so

Violating or attempting to violate any of such covenants and

restrictions; and (b) to maintain a proceeding in equity against

those so violating or attempting to violate any such covenants and

restrictions, for the purpose of preventing or enjoining all or any

of such violations or attempted violations. The remedies contained

in this paragraph shall be construed as cumulative of all other

 

remedies now or hereafter provided by law. The failure , of Declar-

ant, its successors or assigns, to enforce any covenant restriction

 

or any obligation, right, power, privilege, authority, or

reservation herein contained, however long continued, shall in no

event be deemed as a waiver of the right to enforce the same

thereafter as to the same breach or violation thereof , occurring

prior to or subsequent thereto. Lot owners found in violation of

these restrictions shall be obliged to pay attorney's fees to the

successful plaintiff in all actions seeking to prevent, correct or

enjoin such violations or in damage suits thereon. All restrictions

herein contained shall be deemed several and independent.